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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5150 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/14-3 | | 725 ILCS 5/108A-11 | from Ch. 38, par. 108A-11 | 725 ILCS 5/108B-13 | from Ch. 38, par. 108B-13 |
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Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Transfers the reporting requirement by the State's Attorney under the Criminal Code of 2012 concerning the use of consensual eavesdropping devices under certain circumstances to the consensual eavesdropping reporting provisions of the Code of Criminal Procedure of 1963. Provides that the report shall be due on February 1 of each year, with State's Attorney submitting this report to the Department of State Police (rather than the General Assembly). Requires the eavesdropping reports by the Department of State Police to be filed with the General Assembly on March 1 of each year (rather than April 1) and include the consensual eavesdropping report of the State's Attorneys.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 14-3 as follows: |
6 | | (720 ILCS 5/14-3) |
7 | | Sec. 14-3. Exemptions. The following activities shall be
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8 | | exempt from the provisions of this Article: |
9 | | (a) Listening to radio, wireless electronic |
10 | | communications, and television communications of
any sort |
11 | | where the same are publicly made; |
12 | | (b) Hearing conversation when heard by employees of any |
13 | | common
carrier by wire incidental to the normal course of their |
14 | | employment in
the operation, maintenance or repair of the |
15 | | equipment of such common
carrier by wire so long as no |
16 | | information obtained thereby is used or
divulged by the hearer; |
17 | | (c) Any broadcast by radio, television or otherwise whether |
18 | | it be a
broadcast or recorded for the purpose of later |
19 | | broadcasts of any
function where the public is in attendance |
20 | | and the conversations are
overheard incidental to the main |
21 | | purpose for which such broadcasts are
then being made; |
22 | | (d) Recording or listening with the aid of any device to |
23 | | any
emergency communication made in the normal course of |
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1 | | operations by any
federal, state or local law enforcement |
2 | | agency or institutions dealing
in emergency services, |
3 | | including, but not limited to, hospitals,
clinics, ambulance |
4 | | services, fire fighting agencies, any public utility,
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5 | | emergency repair facility, civilian defense establishment or |
6 | | military
installation; |
7 | | (e) Recording the proceedings of any meeting required to be |
8 | | open by
the Open Meetings Act, as amended; |
9 | | (f) Recording or listening with the aid of any device to |
10 | | incoming
telephone calls of phone lines publicly listed or |
11 | | advertised as consumer
"hotlines" by manufacturers or |
12 | | retailers of food and drug products. Such
recordings must be |
13 | | destroyed, erased or turned over to local law
enforcement |
14 | | authorities within 24 hours from the time of such recording and
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15 | | shall not be otherwise disseminated. Failure on the part of the |
16 | | individual
or business operating any such recording or |
17 | | listening device to comply with
the requirements of this |
18 | | subsection shall eliminate any civil or criminal
immunity |
19 | | conferred upon that individual or business by the operation of
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20 | | this Section; |
21 | | (g) With prior notification to the State's Attorney of the
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22 | | county in which
it is to occur, recording or listening with the |
23 | | aid of any device to any
conversation
where a law enforcement |
24 | | officer, or any person acting at the direction of law
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25 | | enforcement, is a party to the conversation and has consented |
26 | | to it being
intercepted or recorded under circumstances where |
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1 | | the use of the device is
necessary for the protection of the |
2 | | law enforcement officer or any person
acting at the direction |
3 | | of law enforcement, in the course of an
investigation
of a |
4 | | forcible felony, a felony offense of involuntary servitude, |
5 | | involuntary sexual servitude of a minor, or trafficking in |
6 | | persons under Section 10-9 of this Code, an offense involving |
7 | | prostitution, solicitation of a sexual act, or pandering, a |
8 | | felony violation of the Illinois Controlled Substances
Act, a |
9 | | felony violation of the Cannabis Control Act, a felony |
10 | | violation of the Methamphetamine Control and Community |
11 | | Protection Act, any "streetgang
related" or "gang-related" |
12 | | felony as those terms are defined in the Illinois
Streetgang |
13 | | Terrorism Omnibus Prevention Act, or any felony offense |
14 | | involving any weapon listed in paragraphs (1) through (11) of |
15 | | subsection (a) of Section 24-1 of this Code.
Any recording or |
16 | | evidence derived
as the
result of this exemption shall be |
17 | | inadmissible in any proceeding, criminal,
civil or
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18 | | administrative, except (i) where a party to the conversation |
19 | | suffers great
bodily injury or is killed during such |
20 | | conversation, or
(ii)
when used as direct impeachment of a |
21 | | witness concerning matters contained in
the interception or |
22 | | recording. The Director of the
Department of
State Police shall |
23 | | issue regulations as are necessary concerning the use of
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24 | | devices, retention of tape recordings, and reports regarding |
25 | | their
use; |
26 | | (g-5) (Blank); |
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1 | | (g-6) With approval of the State's Attorney of the county |
2 | | in which it is to occur, recording or listening with the aid of |
3 | | any device to any conversation where a law enforcement officer, |
4 | | or any person acting at the direction of law enforcement, is a |
5 | | party to the conversation and has consented to it being |
6 | | intercepted or recorded in the course of an investigation of |
7 | | child pornography, aggravated child pornography, indecent |
8 | | solicitation of a child, luring of a minor, sexual exploitation |
9 | | of a child, aggravated criminal sexual abuse in which the |
10 | | victim of the offense was at the time of the commission of the |
11 | | offense under 18 years of age, or criminal sexual abuse by |
12 | | force or threat of force in which the victim of the offense was |
13 | | at the time of the commission of the offense under 18 years of |
14 | | age. In all such cases, an application for an order approving |
15 | | the previous or continuing use of an eavesdropping device must |
16 | | be made within 48 hours of the commencement of such use. In the |
17 | | absence of such an order, or upon its denial, any continuing |
18 | | use shall immediately terminate. The Director of State Police |
19 | | shall issue rules as are necessary concerning the use of |
20 | | devices, retention of recordings, and reports regarding their |
21 | | use.
Any recording or evidence obtained or derived in the |
22 | | course of an investigation of child pornography, aggravated |
23 | | child pornography, indecent solicitation of a child, luring of |
24 | | a minor, sexual exploitation of a child, aggravated criminal |
25 | | sexual abuse in which the victim of the offense was at the time |
26 | | of the commission of the offense under 18 years of age, or |
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1 | | criminal sexual abuse by force or threat of force in which the |
2 | | victim of the offense was at the time of the commission of the |
3 | | offense under 18 years of age shall, upon motion of the State's |
4 | | Attorney or Attorney General prosecuting any case involving |
5 | | child pornography, aggravated child pornography, indecent |
6 | | solicitation of a child, luring of a minor, sexual exploitation |
7 | | of a child, aggravated criminal sexual abuse in which the |
8 | | victim of the offense was at the time of the commission of the |
9 | | offense under 18 years of age, or criminal sexual abuse by |
10 | | force or threat of force in which the victim of the offense was |
11 | | at the time of the commission of the offense under 18 years of |
12 | | age be reviewed in camera with notice to all parties present by |
13 | | the court presiding over the criminal case, and, if ruled by |
14 | | the court to be relevant and otherwise admissible, it shall be |
15 | | admissible at the trial of the criminal case. Absent such a |
16 | | ruling, any such recording or evidence shall not be admissible |
17 | | at the trial of the criminal case; |
18 | | (h) Recordings made simultaneously with the use of an |
19 | | in-car video camera recording of an oral
conversation between a |
20 | | uniformed peace officer, who has identified his or her office, |
21 | | and
a person in the presence of the peace officer whenever (i) |
22 | | an officer assigned a patrol vehicle is conducting an |
23 | | enforcement stop; or (ii) patrol vehicle emergency lights are |
24 | | activated or would otherwise be activated if not for the need |
25 | | to conceal the presence of law enforcement. |
26 | | For the purposes of this subsection (h), "enforcement stop" |
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1 | | means an action by a law enforcement officer in relation to |
2 | | enforcement and investigation duties, including but not |
3 | | limited to, traffic stops, pedestrian stops, abandoned vehicle |
4 | | contacts, motorist assists, commercial motor vehicle stops, |
5 | | roadside safety checks, requests for identification, or |
6 | | responses to requests for emergency assistance; |
7 | | (h-5) Recordings of utterances made by a person while in |
8 | | the presence of a uniformed peace officer and while an occupant |
9 | | of a police vehicle including, but not limited to, (i) |
10 | | recordings made simultaneously with the use of an in-car video |
11 | | camera and (ii) recordings made in the presence of the peace |
12 | | officer utilizing video or audio systems, or both, authorized |
13 | | by the law enforcement agency; |
14 | | (h-10) Recordings made simultaneously with a video camera |
15 | | recording during
the use of a taser or similar weapon or device |
16 | | by a peace officer if the weapon or device is equipped with |
17 | | such camera; |
18 | | (h-15) Recordings made under subsection (h), (h-5), or |
19 | | (h-10) shall be retained by the law enforcement agency that |
20 | | employs the peace officer who made the recordings for a storage |
21 | | period of 90 days, unless the recordings are made as a part of |
22 | | an arrest or the recordings are deemed evidence in any |
23 | | criminal, civil, or administrative proceeding and then the |
24 | | recordings must only be destroyed upon a final disposition and |
25 | | an order from the court. Under no circumstances shall any |
26 | | recording be altered or erased prior to the expiration of the |
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1 | | designated storage period. Upon completion of the storage |
2 | | period, the recording medium may be erased and reissued for |
3 | | operational use; |
4 | | (i) Recording of a conversation made by or at the request |
5 | | of a person, not a
law enforcement officer or agent of a law |
6 | | enforcement officer, who is a party
to the conversation, under |
7 | | reasonable suspicion that another party to the
conversation is |
8 | | committing, is about to commit, or has committed a criminal
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9 | | offense against the person or a member of his or her immediate |
10 | | household, and
there is reason to believe that evidence of the |
11 | | criminal offense may be
obtained by the recording; |
12 | | (j) The use of a telephone monitoring device by either (1) |
13 | | a
corporation or other business entity engaged in marketing or |
14 | | opinion research
or (2) a corporation or other business entity |
15 | | engaged in telephone
solicitation, as
defined in this |
16 | | subsection, to record or listen to oral telephone solicitation
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17 | | conversations or marketing or opinion research conversations |
18 | | by an employee of
the corporation or other business entity |
19 | | when: |
20 | | (i) the monitoring is used for the purpose of service |
21 | | quality control of
marketing or opinion research or |
22 | | telephone solicitation, the education or
training of |
23 | | employees or contractors
engaged in marketing or opinion |
24 | | research or telephone solicitation, or internal
research |
25 | | related to marketing or
opinion research or telephone
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26 | | solicitation; and |
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1 | | (ii) the monitoring is used with the consent of at |
2 | | least one person who
is an active party to the marketing or |
3 | | opinion research conversation or
telephone solicitation |
4 | | conversation being
monitored. |
5 | | No communication or conversation or any part, portion, or |
6 | | aspect of the
communication or conversation made, acquired, or |
7 | | obtained, directly or
indirectly,
under this exemption (j), may |
8 | | be, directly or indirectly, furnished to any law
enforcement |
9 | | officer, agency, or official for any purpose or used in any |
10 | | inquiry
or investigation, or used, directly or indirectly, in |
11 | | any administrative,
judicial, or other proceeding, or divulged |
12 | | to any third party. |
13 | | When recording or listening authorized by this subsection |
14 | | (j) on telephone
lines used for marketing or opinion research |
15 | | or telephone solicitation purposes
results in recording or
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16 | | listening to a conversation that does not relate to marketing |
17 | | or opinion
research or telephone solicitation; the
person |
18 | | recording or listening shall, immediately upon determining |
19 | | that the
conversation does not relate to marketing or opinion |
20 | | research or telephone
solicitation, terminate the recording
or |
21 | | listening and destroy any such recording as soon as is |
22 | | practicable. |
23 | | Business entities that use a telephone monitoring or |
24 | | telephone recording
system pursuant to this exemption (j) shall |
25 | | provide current and prospective
employees with notice that the |
26 | | monitoring or recordings may occur during the
course of their |
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1 | | employment. The notice shall include prominent signage
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2 | | notification within the workplace. |
3 | | Business entities that use a telephone monitoring or |
4 | | telephone recording
system pursuant to this exemption (j) shall |
5 | | provide their employees or agents
with access to personal-only |
6 | | telephone lines which may be pay telephones, that
are not |
7 | | subject to telephone monitoring or telephone recording. |
8 | | For the purposes of this subsection (j), "telephone |
9 | | solicitation" means a
communication through the use of a |
10 | | telephone by live operators: |
11 | | (i) soliciting the sale of goods or services; |
12 | | (ii) receiving orders for the sale of goods or |
13 | | services; |
14 | | (iii) assisting in the use of goods or services; or |
15 | | (iv) engaging in the solicitation, administration, or |
16 | | collection of bank
or
retail credit accounts. |
17 | | For the purposes of this subsection (j), "marketing or |
18 | | opinion research"
means
a marketing or opinion research |
19 | | interview conducted by a live telephone
interviewer engaged by |
20 | | a corporation or other business entity whose principal
business |
21 | | is the design, conduct, and analysis of polls and surveys |
22 | | measuring
the
opinions, attitudes, and responses of |
23 | | respondents toward products and services,
or social or |
24 | | political issues, or both; |
25 | | (k) Electronic recordings, including but not limited to, a |
26 | | motion picture,
videotape, digital, or other visual or audio |
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1 | | recording, made of a custodial
interrogation of an individual |
2 | | at a police station or other place of detention
by a law |
3 | | enforcement officer under Section 5-401.5 of the Juvenile Court |
4 | | Act of
1987 or Section 103-2.1 of the Code of Criminal |
5 | | Procedure of 1963; |
6 | | (l) Recording the interview or statement of any person when |
7 | | the person
knows that the interview is being conducted by a law |
8 | | enforcement officer or
prosecutor and the interview takes place |
9 | | at a police station that is currently
participating in the |
10 | | Custodial Interview Pilot Program established under the
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11 | | Illinois Criminal Justice Information Act; |
12 | | (m) An electronic recording, including but not limited to, |
13 | | a motion picture,
videotape, digital, or other visual or audio |
14 | | recording, made of the interior of a school bus while the |
15 | | school bus is being used in the transportation of students to |
16 | | and from school and school-sponsored activities, when the |
17 | | school board has adopted a policy authorizing such recording, |
18 | | notice of such recording policy is included in student |
19 | | handbooks and other documents including the policies of the |
20 | | school, notice of the policy regarding recording is provided to |
21 | | parents of students, and notice of such recording is clearly |
22 | | posted on the door of and inside the school bus.
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23 | | Recordings made pursuant to this subsection (m) shall be |
24 | | confidential records and may only be used by school officials |
25 | | (or their designees) and law enforcement personnel for |
26 | | investigations, school disciplinary actions and hearings, |
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1 | | proceedings under the Juvenile Court Act of 1987, and criminal |
2 | | prosecutions, related to incidents occurring in or around the |
3 | | school bus; |
4 | | (n)
Recording or listening to an audio transmission from a |
5 | | microphone placed by a person under the authority of a law |
6 | | enforcement agency inside a bait car surveillance vehicle while |
7 | | simultaneously capturing a photographic or video image; |
8 | | (o) The use of an eavesdropping camera or audio device |
9 | | during an ongoing hostage or barricade situation by a law |
10 | | enforcement officer or individual acting on behalf of a law |
11 | | enforcement officer when the use of such device is necessary to |
12 | | protect the safety of the general public, hostages, or law |
13 | | enforcement officers or anyone acting on their behalf; |
14 | | (p) Recording or listening with the aid of any device to |
15 | | incoming telephone calls of phone lines publicly listed or |
16 | | advertised as the "CPS Violence Prevention Hotline", but only |
17 | | where the notice of recording is given at the beginning of each |
18 | | call as required by Section 34-21.8 of the School Code. The |
19 | | recordings may be retained only by the Chicago Police |
20 | | Department or other law enforcement authorities, and shall not |
21 | | be otherwise retained or disseminated; |
22 | | (q)(1) With prior request to and written or verbal approval |
23 | | of the State's Attorney of the county in which the conversation |
24 | | is anticipated to occur, recording or listening with the aid of |
25 | | an eavesdropping device to a conversation in which a law |
26 | | enforcement officer, or any person acting at the direction of a |
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1 | | law enforcement officer, is a party to the conversation and has |
2 | | consented to the conversation being intercepted or recorded in |
3 | | the course of an investigation of a qualified offense. The |
4 | | State's Attorney may grant this approval only after determining |
5 | | that reasonable cause exists to believe that inculpatory |
6 | | conversations concerning a qualified offense will occur with a |
7 | | specified individual or individuals within a designated period |
8 | | of time. |
9 | | (2) Request for approval. To invoke the exception contained |
10 | | in this subsection (q), a law enforcement officer shall make a |
11 | | request for approval to the appropriate State's Attorney. The |
12 | | request may be written or verbal; however, a written |
13 | | memorialization of the request must be made by the State's |
14 | | Attorney. This request for approval shall include whatever |
15 | | information is deemed necessary by the State's Attorney but |
16 | | shall include, at a minimum, the following information about |
17 | | each specified individual whom the law enforcement officer |
18 | | believes will commit a qualified offense: |
19 | | (A) his or her full or partial name, nickname or alias; |
20 | | (B) a physical description; or |
21 | | (C) failing either (A) or (B) of this paragraph (2), |
22 | | any other supporting information known to the law |
23 | | enforcement officer at the time of the request that gives |
24 | | rise to reasonable cause to believe that the specified |
25 | | individual will participate in an inculpatory conversation |
26 | | concerning a qualified offense. |
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1 | | (3) Limitations on approval. Each written approval by the |
2 | | State's Attorney under this subsection (q) shall be limited to: |
3 | | (A) a recording or interception conducted by a |
4 | | specified law enforcement officer or person acting at the |
5 | | direction of a law enforcement officer; |
6 | | (B) recording or intercepting conversations with the |
7 | | individuals specified in the request for approval, |
8 | | provided that the verbal approval shall be deemed to |
9 | | include the recording or intercepting of conversations |
10 | | with other individuals, unknown to the law enforcement |
11 | | officer at the time of the request for approval, who are |
12 | | acting in conjunction with or as co-conspirators with the |
13 | | individuals specified in the request for approval in the |
14 | | commission of a qualified offense; |
15 | | (C) a reasonable period of time but in no event longer |
16 | | than 24 consecutive hours; |
17 | | (D) the written request for approval, if applicable, or |
18 | | the written memorialization must be filed, along with the |
19 | | written approval, with the circuit clerk of the |
20 | | jurisdiction on the next business day following the |
21 | | expiration of the authorized period of time, and shall be |
22 | | subject to review by the Chief Judge or his or her designee |
23 | | as deemed appropriate by the court. |
24 | | (3.5) The written memorialization of the request for |
25 | | approval and the written approval by the State's Attorney may |
26 | | be in any format, including via facsimile, email, or otherwise, |
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1 | | so long as it is capable of being filed with the circuit clerk. |
2 | | (3.10) (Blank). Beginning March 1, 2015, each State's |
3 | | Attorney shall annually submit a report to the General Assembly |
4 | | disclosing: |
5 | | (A) the number of requests for each qualified offense |
6 | | for approval under this subsection; and |
7 | | (B) the number of approvals for each qualified offense |
8 | | given by the State's Attorney. |
9 | | (4) Admissibility of evidence. No part of the contents of |
10 | | any wire, electronic, or oral communication that has been |
11 | | recorded or intercepted as a result of this exception may be |
12 | | received in evidence in any trial, hearing, or other proceeding |
13 | | in or before any court, grand jury, department, officer, |
14 | | agency, regulatory body, legislative committee, or other |
15 | | authority of this State, or a political subdivision of the |
16 | | State, other than in a prosecution of: |
17 | | (A) the qualified offense for which approval was given |
18 | | to record or intercept a conversation under this subsection |
19 | | (q); |
20 | | (B) a forcible felony committed directly in the course |
21 | | of the investigation of the qualified offense for which |
22 | | approval was given to record or intercept a conversation |
23 | | under this subsection (q); or |
24 | | (C) any other forcible felony committed while the |
25 | | recording or interception was approved in accordance with |
26 | | this subsection (q), but for this specific category of |
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1 | | prosecutions, only if the law enforcement officer or person |
2 | | acting at the direction of a law enforcement officer who |
3 | | has consented to the conversation being intercepted or |
4 | | recorded suffers great bodily injury or is killed during |
5 | | the commission of the charged forcible felony. |
6 | | (5) Compliance with the provisions of this subsection is a |
7 | | prerequisite to the admissibility in evidence of any part of |
8 | | the contents of any wire, electronic or oral communication that |
9 | | has been intercepted as a result of this exception, but nothing |
10 | | in this subsection shall be deemed to prevent a court from |
11 | | otherwise excluding the evidence on any other ground recognized |
12 | | by State or federal law, nor shall anything in this subsection |
13 | | be deemed to prevent a court from independently reviewing the |
14 | | admissibility of the evidence for compliance with the Fourth |
15 | | Amendment to the U.S. Constitution or with Article I, Section 6 |
16 | | of the Illinois Constitution. |
17 | | (6) Use of recordings or intercepts unrelated to qualified |
18 | | offenses. Whenever any private conversation or private |
19 | | electronic communication has been recorded or intercepted as a |
20 | | result of this exception that is not related to an offense for |
21 | | which the recording or intercept is admissible under paragraph |
22 | | (4) of this subsection (q), no part of the contents of the |
23 | | communication and evidence derived from the communication may |
24 | | be received in evidence in any trial, hearing, or other |
25 | | proceeding in or before any court, grand jury, department, |
26 | | officer, agency, regulatory body, legislative committee, or |
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1 | | other authority of this State, or a political subdivision of |
2 | | the State, nor may it be publicly disclosed in any way. |
3 | | (6.5) The Department of State Police shall adopt rules as |
4 | | are necessary concerning the use of devices, retention of |
5 | | recordings, and reports regarding their use under this |
6 | | subsection (q). |
7 | | (7) Definitions. For the purposes of this subsection (q) |
8 | | only: |
9 | | "Forcible felony" includes and is limited to those |
10 | | offenses contained in Section 2-8 of the Criminal Code of |
11 | | 1961 as of the effective date of this amendatory Act of the |
12 | | 97th General Assembly, and only as those offenses have been |
13 | | defined by law or judicial interpretation as of that date. |
14 | | "Qualified offense" means and is limited to: |
15 | | (A) a felony violation of the Cannabis Control Act, |
16 | | the Illinois Controlled Substances Act, or the |
17 | | Methamphetamine Control and Community Protection Act, |
18 | | except for violations of: |
19 | | (i) Section 4 of the Cannabis Control Act; |
20 | | (ii) Section 402 of the Illinois Controlled |
21 | | Substances Act; and |
22 | | (iii) Section 60 of the Methamphetamine |
23 | | Control and Community Protection Act; and |
24 | | (B) first degree murder, solicitation of murder |
25 | | for hire, predatory criminal sexual assault of a child, |
26 | | criminal sexual assault, aggravated criminal sexual |
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1 | | assault, aggravated arson, kidnapping, aggravated |
2 | | kidnapping, child abduction, trafficking in persons, |
3 | | involuntary servitude, involuntary sexual servitude of |
4 | | a minor, or gunrunning. |
5 | | "State's Attorney" includes and is limited to the |
6 | | State's Attorney or an assistant State's Attorney |
7 | | designated by the State's Attorney to provide verbal |
8 | | approval to record or intercept conversations under this |
9 | | subsection (q). |
10 | | (8) Sunset. This subsection (q) is inoperative on and after |
11 | | January 1, 2020. No conversations intercepted pursuant to this |
12 | | subsection (q), while operative, shall be inadmissible in a |
13 | | court of law by virtue of the inoperability of this subsection |
14 | | (q) on January 1, 2020. |
15 | | (9) Recordings, records, and custody. Any private |
16 | | conversation or private electronic communication intercepted |
17 | | by a law enforcement officer or a person acting at the |
18 | | direction of law enforcement shall, if practicable, be recorded |
19 | | in such a way as will protect the recording from editing or |
20 | | other alteration. Any and all original recordings made under |
21 | | this subsection (q) shall be inventoried without unnecessary |
22 | | delay pursuant to the law enforcement agency's policies for |
23 | | inventorying evidence. The original recordings shall not be |
24 | | destroyed except upon an order of a court of competent |
25 | | jurisdiction; and |
26 | | (r) Electronic recordings, including but not limited to, |
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1 | | motion picture, videotape, digital, or other visual or audio |
2 | | recording, made of a lineup under Section 107A-2 of the Code of |
3 | | Criminal Procedure of 1963. |
4 | | (Source: P.A. 100-572, eff. 12-29-17.)
|
5 | | Section 10. The Code of Criminal Procedure of 1963 is |
6 | | amended by changing Sections 108A-11 and 108B-13 as follows:
|
7 | | (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
|
8 | | Sec. 108A-11. Reports Concerning Use of Eavesdropping |
9 | | Devices. |
10 | | (a) In January of each year the State's Attorney of each |
11 | | county in which
eavesdropping devices were used pursuant to the |
12 | | provisions of this
Article shall report to the Department of |
13 | | State Police the
following with respect to each application for |
14 | | an order authorizing the
use of an eavesdropping device, or an |
15 | | extension thereof, made during the
preceding calendar year:
|
16 | | (1) the fact that such an order, extension, or
|
17 | | subsequent approval of an emergency was applied for;
|
18 | | (2) the kind of order or extension applied for;
|
19 | | (3) a statement as to whether the order or extension
|
20 | | was granted as applied for was modified, or was denied;
|
21 | | (4) the period authorized by the order or extensions
in |
22 | | which an eavesdropping device could be used;
|
23 | | (5) the felony specified in the order extension or |
24 | | denied application;
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1 | | (6) the identity of the applying investigative or
law |
2 | | enforcement officer and agency making the application
and |
3 | | the State's Attorney authorizing the application; and
|
4 | | (7) the nature of the facilities from which or the |
5 | | place where
the eavesdropping device was to be used.
|
6 | | (b) Such report shall also include the following:
|
7 | | (1) a general description of the uses of eavesdropping
|
8 | | devices actually made under such order to
overheard or |
9 | | record conversations, including: (a)
the approximate |
10 | | nature and frequency of incriminating
conversations |
11 | | overheard, (b) the approximate nature
and frequency of |
12 | | other conversations overheard, (c)
the approximate number |
13 | | of persons whose conversations
were overheard, and (d) the |
14 | | approximate nature, amount,
and cost of the manpower and |
15 | | other resources used
pursuant to the authorization to use |
16 | | an eavesdropping device;
|
17 | | (2) the number of arrests resulting from authorized
|
18 | | uses of eavesdropping devices and the offenses for
which |
19 | | arrests were made;
|
20 | | (3) the number of trials resulting from such uses
of |
21 | | eavesdropping devices;
|
22 | | (4) the number of motions to suppress made with
respect |
23 | | to such uses, and the number granted or denied; and
|
24 | | (5) the number of convictions resulting from such
uses |
25 | | and the offenses for which the convictions were obtained
|
26 | | and a general assessment of the importance of the |
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1 | | convictions.
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2 | | (c) On March 1 In April of each year, the Department of |
3 | | State Police
shall transmit to the General Assembly
a report |
4 | | including information on the number of
applications for orders |
5 | | authorizing the use of eavesdropping
devices, the number of |
6 | | orders and extensions granted or denied
during the preceding |
7 | | calendar year, and the convictions arising
out of such uses. |
8 | | The report shall also include the information reported under |
9 | | subsection (d) of this Section.
|
10 | | The requirement for reporting to the General Assembly shall |
11 | | be satisfied
by filing copies of the report with the Speaker, |
12 | | the Minority Leader and
the Clerk of the House of |
13 | | Representatives and the President, the Minority
Leader and the |
14 | | Secretary of the Senate and the Legislative Research
Unit, as |
15 | | required by Section 3.1 of "An Act to revise the law in |
16 | | relation
to the General Assembly", approved February 25, 1874, |
17 | | as amended, and
filing such additional copies with the State |
18 | | Government Report Distribution
Center for the General Assembly |
19 | | as is required under paragraph (t) of
Section 7 of the State |
20 | | Library Act.
|
21 | | (d) On February 1 of each year, each State's Attorney shall |
22 | | submit a report to the Department of State Police disclosing: |
23 | | (1) the number of requests for each qualified offense |
24 | | for approval under subsection (q) of Section 14-3 of the |
25 | | Criminal Code of 2012; and |
26 | | (2) the number of approvals for each qualified offense |
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1 | | under subsection (q) of Section 14-3 of the Criminal Code of |
2 | | 2012 given by the State's Attorney. |
3 | | (Source: P.A. 86-391.)
|
4 | | (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
|
5 | | Sec. 108B-13. Reports concerning use of eavesdropping |
6 | | devices.
|
7 | | (a) Within 30 days after the expiration of an order and |
8 | | each extension
thereof
authorizing an interception, or within |
9 | | 30 days after the denial of an
application or disapproval of an |
10 | | application subsequent to any alleged
emergency situation, the |
11 | | State's Attorney shall report to the Department of
State Police |
12 | | the following:
|
13 | | (1) the fact that such an order, extension, or |
14 | | subsequent approval of an
emergency was applied for;
|
15 | | (2) the kind of order or extension applied for;
|
16 | | (3) a statement as to whether the order or extension |
17 | | was granted as
applied for was modified, or was denied;
|
18 | | (4) the period authorized by the order or extensions in |
19 | | which an
eavesdropping device could be used;
|
20 | | (5) the offense enumerated in Section 108B-3 which is |
21 | | specified in the
order or extension or in the denied |
22 | | application;
|
23 | | (6) the identity of the applying electronic criminal |
24 | | surveillance
officer and agency making the application and |
25 | | the State's Attorney
authorizing the application; and
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1 | | (7) the nature of the facilities from which or the |
2 | | place where the
eavesdropping device was to be used.
|
3 | | (b) In January of each year the State's Attorney of each |
4 | | county in which
an interception occurred pursuant to the |
5 | | provisions of this Article shall
report to the Department of |
6 | | State Police the following:
|
7 | | (1) a general description of the uses of eavesdropping |
8 | | devices actually
made under such order to overhear or |
9 | | record conversations, including: (a)
the approximate |
10 | | nature and frequency of incriminating conversations
|
11 | | overheard, (b) the approximate nature and frequency of |
12 | | other conversations
overheard, (c) the approximate number |
13 | | of persons whose conversations were
overheard, and (d) the |
14 | | approximate nature, amount, and cost of the manpower
and |
15 | | other resources used pursuant to the authorization to use |
16 | | an
eavesdropping device;
|
17 | | (2) the number of arrests resulting from authorized |
18 | | uses of
eavesdropping devices and the offenses for which |
19 | | arrests were made;
|
20 | | (3) the number of trials resulting from such uses of |
21 | | eavesdropping devices;
|
22 | | (4) the number of motions to suppress made with respect |
23 | | to such uses,
and the number granted or denied; and
|
24 | | (5) the number of convictions resulting from such uses |
25 | | and the offenses for
which the convictions were obtained |
26 | | and a general assessment of the
importance of the |
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1 | | convictions.
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2 | | On or before March 1 of each year, the Director of the |
3 | | Department of
State Police shall submit to the Governor a |
4 | | report of all intercepts as
defined herein conducted pursuant |
5 | | to this Article and terminated during the
preceding calendar |
6 | | year. Such report shall include:
|
7 | | (1) the reports of State's Attorneys forwarded to the
|
8 | | Director as required in this Section;
|
9 | | (2) the number of Department personnel authorized to |
10 | | possess, install,
or operate electronic, mechanical, or |
11 | | other devices;
|
12 | | (3) the number of Department and other law enforcement |
13 | | personnel who
participated or engaged in the seizure of |
14 | | intercepts pursuant to this
Article during the preceding |
15 | | calendar year;
|
16 | | (4) the number of electronic criminal surveillance |
17 | | officers trained by
the Department;
|
18 | | (5) the total cost to the Department of all activities |
19 | | and procedures
relating to the seizure of intercepts during |
20 | | the preceding calendar year,
including costs of equipment, |
21 | | manpower, and expenses incurred as
compensation for use of |
22 | | facilities or technical assistance provided to or
by the |
23 | | Department; and
|
24 | | (6) a summary of the use of eavesdropping devices |
25 | | pursuant to orders of
interception including (a) the |
26 | | frequency of use in each county, (b) the
frequency of use |
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1 | | for each crime enumerated in Section 108B-3 of the Code of
|
2 | | Criminal Procedure of 1963, as amended, (c) the type and |
3 | | frequency of
eavesdropping device use, and (d) the |
4 | | frequency of use by each police
department or law |
5 | | enforcement agency of this State.
|
6 | | (d) On March 1 In April of each year, the Director of the |
7 | | Department of State
Police and the Governor shall each transmit |
8 | | to the General
Assembly reports including information on the |
9 | | number of applications for
orders authorizing the use of |
10 | | eavesdropping devices, the number of orders
and extensions |
11 | | granted or denied during the preceding calendar year, the
|
12 | | convictions arising out of such uses, and a summary of the |
13 | | information
required by subsections (a) and (b) of this |
14 | | Section.
|
15 | | The requirement for reporting to the General Assembly shall |
16 | | be satisfied
by filing copies of the report with the Speaker, |
17 | | the Minority Leader and
the Clerk of the House of |
18 | | Representatives and the President, the Minority
Leader and the |
19 | | Secretary of the Senate and the Legislative Research Unit, as
|
20 | | required by Section 3.1 of the General Assembly Organization |
21 | | Act, and filing
such
additional copies with the State |
22 | | Government Report Distribution Center for
the General Assembly |
23 | | as is required under paragraph (t) of Section 7 of the
State |
24 | | Library Act.
|
25 | | (Source: P.A. 85-1203; 86-1226; 86-1475 .)
|